Oral argument in US District Court tomorrow on case to be published with national importance (in my field at least). At least 6 US attorneys are piled up on the dark side - even coming in pro hac vice from other j/ds. Here I am all by my lonesome. Argument is on Motion to Dismiss and Alt motion for summary judgment. Have only had time to oppose it, so no cross-motion for summary judgment has yet been filed.

There have been some somewhat similar cases,with some important distinctions, decided previously two times by the same court, with a different decision each time. Different Judges reaching different conclusions. The Judge who made the "good" decision is the same Judge as the one that I have. All of the arguments by the US atty office have been citing the "bad" decision, with only passing reference to the good decision made by our Judge, so I think I am on the winning side with the arguments.

After filing my cross motion for s/j the US atty calls me and says - is there any way we can work this out ? ha ! With that offer ? No, you wanted a fight and we're going to finish it, otherwise no EAJA fees for me.

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